Alabama Code, Title 48, Section 82; Alabama Public Service Commission v. Consolidated Transport Co., Inc., 286 Ala. 323, 239 So.2d 753; Alabama Public Service Commission v. Decatur Transfer Storage, Inc., 257 Ala. 346, 58 So.2d 887; Alabama Public Service Commission v. Nunis, 252 Ala. 30, 39 So.2d 409. The report of an examiner, who saw and heard the witnesses and observed their demeanor, is entitled to presumption of correctness, especially where his findings and conclusions find support in the evidence. Alabama Code, Title 48, Section 301(7) recompiled; Alabama Public Service Commission v. Perkins, 275 Ala. 1, 151 So.2d 627; W. M. Chambers Truck Line v. Alabama Public Service Commission, 278 Ala. 40, 175 So.2d 734; See: Alabama Rules of Civil Procedure, Rule 53(e)(2). Where the examiner makes detailed findings of fact, stating his conclusions reached and the reasons therefor, due process requires acceptance of such findings of fact, where the findings are not controverted by the commission.
lic Service Commission order is taken as prima facie just and reasonable, and Commission's finding will not be overturned if supported by legal evidence of substantial weight and probative force, and courts must guard against substitution of their judgment for that of the Commission. North Ala. Motor Express v. Rookis, 244 Ala. 137, 12 So.2d 183; Title 48, Section 82, Code of Ala. 1940, as Recompiled 1958; Smith Transfer Co. v. Ala. Pub. Serv. Comm., 271 Ala. 177, 123 So.2d 28; Ala. Pub. Serv. Comm. v. Redwing Carriers, Inc., 279 Ala. 659, 189 So.2d 342; Ala. Elec. Coop. v. Ala. Power Co., 274 Ala. 332, 148 So.2d 613. Supreme Court must review judgment of Circuit Court setting aside an order of the A.P.S.C. without presumption of correctness, since Circuit Court is in no better position than the Supreme Court, and the Supreme Court is governed by the same rule in its review of the Commission's order, as the Circuit Court. Code of Alabama 1940, as recompiled 1958, Title 48, Section 82; W. M. Chambers Truck Lines, Inc. v. Alabama Public Service Commission, 278 Ala. 40, 175 So.2d 734; Ala. Public Serv. Comm. v. Perkins, 275 Ala. 1, 151 So.2d 627; Ill. Cent. R. R. v. Thomas Ala. Kaolin Co., 275 Ala. 236, 153 So.2d 794; Smith Transfer Co. v. Ala. Pub. Serv. Comm., 271 Ala. 177, 123 So.2d 28; Ala. Pub. Serv. Comm. v. Decatur Transfer Storage Inc., 257 Ala. 346, 58 So.2d 887. John W. Cooper, Birmingham, for appellee.
MacDonald Gallion, Atty. Gen. and Robert P. Bradley, Asst. Atty. Gen., for The Public Service Commission. J. Douglas Harris, Montgomery, for Redwing Carriers, Inc. The Supreme Court must review a judgment of Circuit Court setting aside an order of the Public Service Commission without any presumption of correctness since Circuit Court is in no better position than the Supreme Court and the Supreme Court is governed by same rules in its review of the Commission order at the Circuit Court. Code of Alabama 1940, Title 48, Section 82 Recompiled 1958; Ala. Public Service Comm. v. Perkins, 275 Ala. 1, 151 So.2d 627; Ill. Cent. R. R. v. Thomas Ala. Kaolin Co., 275 Ala. 236, 153 So.2d 794; Smith Transfer Co. v. Ala. Public Service Comm., 271 Ala. 177, 123 So.2d 28; Ala. Public Service Comm. v. Decatur Transfer Storage, Inc., 257 Ala. 346, 58 So.2d 887; W. M. Chambers Truck Line, Inc., v. Ala. Public Service Comm., 278 Ala. 40, 175 So.2d 734. The order of the Commission on appeal is taken as prima facie just and reasonable and will not be overturned if supported by legal evidence of substantial weight and probative force. Code of Alabama 1940, Title 48, Section 82 Recompiled 1958; North Ala. Motor Express v. Rookis, 244 Ala. 137, 12 So.2d 183; Smith Transfer Co. v. Ala. Public Serv. Comm., 271 Ala. 177, 123 So.2d 28. The burden is upon one who would upset order of the Public Service Commission to establish that evidence does not sustain conclusion reached and declared by the Commission. Ill. Cent. R.R. Co. v. Thomas Ala. Kaolin Co., 275 Ala. 236, 153 So.2d 794. The Courts, on appeal, will not substitute its judgment for that of the Alabama Public Service Commission with regard to findings of fact. Floyd and Beasly Trans. Co. v. Ala. Public Serv. Comm., 276 Ala. 130, 159 So.2d 833; Ala. Public Serv. Comm. v. Crow, 247 Ala. 120, 22 So.2d 721. It would be inconsistent with the public interest for the Alabama Public Service
MacDonald Gallion, Atty. Gen., and Robt. P. Bradley, Asst. Atty. Gen., for Public Service Commission. The Supreme Court must review a judgment of circuit court setting aside an order of the Public Service Commission without any presumption of correctness since circuit court is in no better position than the Supreme Court and the Supreme Court is governed by same rules in its review of the commission order as the circuit court. Code 1940, Tit. 48, § 82; Ala. Public Service Comm. v. Perkins, 275 Ala. 1, 151 So.2d 627; Ill. Cent. R. Co. v. Thomas Ala. Kaolin Co., 275 Ala. 236, 153 So.2d 794; Smith Transfer Co. v. Ala. Pub. Service Comm., 271 Ala. 177, 123 So.2d 28; Ala. Pub. Service Comm. v. Decatur Transfer Storage, Inc., 257 Ala. 346, 58 So.2d 887; W. M. Chambers Truck Line, Inc. v. Ala. Pub. Serv. Com., 278 Ala. 40, 175 So.2d 734. The order of the commission on appeal is taken as prima facie just and reasonable and will not be overturned if supported by legal evidence of substantial weight and probative force. Code, Tit. 48, § 82; North Alabama Motor Express v. Rookis, 244 Ala. 137, 12 So.2d 183; Smith Transfer Co. v. Ala. Pub. Serv. Comm., 271 Ala. 177, 123 So.2d 28. The right of appeal from an order of the Public Service Commission in motor carrier cases is only from a final action or order and appeal cannot be taken while an application for reconsideration is pending.